Saokat Ali Middya @ Swajat v. Akash Deep Intertrade P. Ltd.

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURISDICTION 22.3.2023 F.M.A. 115 of 2023 With CAN 1 of 2023 Saokat Ali Middya @ Swakat Vs.

Akash Deep Intertrade Pvt. Ltd.

Mr. Ashok Banerjee, Sr. Advocate Mr. A. Mondal M. T. J. Mandal Ms. S. Dey ........... For the Appellant/Petitioner. Mr. Satyam Mukherjee Ms. Sayani Ahmed Mr. S. Mukherjee Ms. D. Mukherjee ............... For the Respondent. Re: CAN 1 of 2023 Dispensing with all formalities we have admitted and heard out the appeal.

The impugned judgement and order dated 14th February, 2023 was ad interim and ex parte.

We find from the records that it was returnable before the learned court below on 22nd March, 2023. We are of the view that the interest of justice would be sub served if the application is heard out by the learned judge in the court below in the presence of the appellant and by a reasoned order.

We direct the appellant to make an application S.D.

before the learned court below to refix the returnable date of the application at the earliest and to hear out it from that stage within 8 weeks.

We have not interfered with the impugned judgement and order but upon hearing the parties, the learned judge shall be free to affirm, vacate or vary the same.

All points are kept open before the learned judge.

The appeal and the application (CAN 1 of 2023) are disposed of.

(I.P. Mukerji, J.) (Biswaroop Chowdhury, J.)